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The Workplace Torts Research Paper
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages The Workplace Torts Research Paper
Description/Paper Instructions
The Workplace Torts Research Paper
Workplace Torts
A tort is an intentional civil wrong. A tort claim arises when a tortfeasor (the wrongdoer) intentionally causes harm to another. When a claim of tort is launched, the victim is known as the plaintiff (the party bringing the suit) and the tortfeasor becomes the defendant (the party defending the suit).
In employment law, the plaintiff may be the employee or the employer. Commonly committed torts include defamation (slander and libel), infliction of emotional distress, and theft of trade secrets.
Defamation is the intentional publication of false information about someone that harms his or her reputation. Slander is spoken publication, libel is printed publication. For example, posting false information on social media that leads to a lowered opinion of the victim in the community is an act of libel.
Not all harmful language is defamatory. Truth is a defense to defamation. The defense of qualified privilege protects those who speak in good faith to those who need to know the information.
For example, an employee who reports a suspected act of theft to a supervisor or to law enforcement may raise the defense of qualified privilege even if the report turns out to be false (as long as the report was not done with evil intent or malice).
Tortious infliction of emotional distress occurs when a person is emotionally harmed after being intentionally subjected to extreme and outrageous conduct by the tortfeasor. However, recovery on such a claim requires extremely shocking conduct, a standard that is hard to reach.
An employer may sue an employee for theft of trade secrets when the employee gives or sells valuable proprietary information to others outside the company, such as when an employee leaves to take employment at a rival business and shares company secrets with the new employer.
Conducting Research
Conduct an Internet search using the keywords “wins trade secrets suit.” Take a quick look at some of the results.
Does it appear that “theft of trade secrets” claims are on the rise?
Which industries seem to be most impacted by theft of trade secrets?
Case Study Review the next button to learn more.
Social media has become a common publication outlet for the workplace tort of defamation. Defamation is the publication of false information, causing injury to the victim. Consider the following example:
Robert, an employee at Weltron, Inc., works in the same office as Gina. Both Gina and Robert apply for a supervisor position that has opened at Weltron. Robert posts negative and false information about Gina on his social media site and distributes false information about Gina through e-mails and social media channels.
Robert claims that Gina slept with a manager in a different department and has taken Weltron supplies home for her personal use. None of these is factually true. Robert also claims that Gina is a sloppy worker and is not friendly with others. Gina did not get the supervisor job.
Social media has become a common publication outlet for the workplace tort of defamation. Defamation is the publication of false information, causing injury to the victim. Consider the following example:
Robert, an employee at Weltron, Inc., works in the same office as Gina. Both Gina and Robert apply for a supervisor position that has opened at Weltron. Robert posts negative and false information about Gina on his social media site and distributes false information about Gina through e-mails and social media channels.
Robert claims that Gina slept with a manager in a different department and has taken Weltron supplies home for her personal use. None of these is factually true. Robert also claims that Gina is a sloppy worker and is not friendly with others. Gina did not get the supervisor job.
Gina can sue Robert for defamation. False information has been published to others. Gina’s reputation may have been damaged, and she may have lost a promotion because of the defamation.
It is important to note that false facts are the basis for a defamation claim. If Gina did not sleep with a manager from another department and has not taken any work supplies home, then these are false facts. Opinions are not the basis for a defamation claim. “Sloppy worker” and “not friendly with others” lean more toward opinion than fact, and so are less likely to be actionable.
Additional Material
From your course textbook, Employment and Labor Law, read the following chapter:
Commonly Committed Workplace Torts
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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